Lady solon says: there
is no constitutional prohibition for divorce law
By VIGIE BENOSA-LLORIN
August
16, 2010
QUEZON CITY – Amid
revival of yet another controversial issue, the re-filing of a divorce
bill, Cong. Janette L. Garin of the 1st District of Iloilo arise to
say that there is no constitutional prohibition on the passage of
divorce law in the country.
“If our Muslim
brothers are granted the right to avail divorce under Presidential
Decree 1083, why can’t our Christian brothers avail of the same
right?” laments Rep. Garin.
Rep. Garin however
emphasized that the issue here is on the propriety and wisdom of
passing the law, which depends solely with the legislature.
According to Rep.
Garin the sanctity of marriage as an inviolable social institution
should be preserved, this preservation on the other hand, can still be
maintained even with the passage of divorce law, provided that the law
should provide stringent and exclusive grounds.
Rep. Garin explains,
“reality would tell us that there are married couples who had been
separated de facto for say, ten years, so why insist on the legal
existence of the marriage that is no longer working?” She added, “in
this instance, divorce is proper.” She further said, “when wives are
repeatedly battered by their husbands, but could not end her ties with
him because there is no available ground for her to end the
relationship, legislation should come in.”
“If the grounds
provided for in the divorce law is clear, reasonable, stringent and
exclusive, to the effect that irreparable damage was caused to the
marriage and that the reconciliation between the married couple is
highly improbable, I feel responsible to say “aye” to the passage of
the divorce law and rely on the good faith of the judiciary the grant
or denial of the petition,” Rep. Garin concluded.
